The right holders did not provide sufficient evidence to the court.
The Moscow City Court’s ruling on the RuTracker’s life-term locking does not affect shutting down its “copies” and “mirrors”. The Court fears a legal uncertainty in this issue. This is reported by the Russian Legal Information Agency (RAPSI).
We recall that the companies “EKSMO” and “SBA Production” filed claims to the court for copyright violation, as the RuTracker provided free access to unlicensed content. The judicial authority satisfied two claims for a lifetime locking of the largest Russian pirate resource, i.e. on November 9 and December 4 of last year. Starting January 25, all the Russian providers started blocking their subscribers’ access to the torrent tracker.
The Mediasat also reported that the right holders had just recently suggested a life-term shutdown of those sites representing clone copies of well-known pirate sites. According to Alexander Zharov, Head of Roskomnadzor, this is the way used by offending resources to bypass the life-term locking court rulings.
Judge Alexandra Lopatkina, while entertaining the first claim, stated that the plaintiffs’ claims for locking RuTracker’s “copies” were dismissed because they did not indicate the “mirrors”’ domain names and their network addresses. It was not proved their existence as well. According to the judge, the life-term locking of unidentified resources both predetermines legal uncertainty and eliminates probable execution of the court ruling.
The second ruling on the RuTracker’s life-term locking in the Russian Federation has not yet entered into force. However, it is worth pointing out that the plaintiffs do not place any demand on shutting down “mirrors” of the largest resource with pirated content.
We shall also note that the Association for the Protection of Internet Copyright (AZAPI) along with the National Music Industry Federation (NFMI) prepared a draft law stipulating that the calls for bypassing the locking of resources shut down in Russia for a life term shall face administrative liability. The text of the draft law is available on the organization’s web site.
Thus, the associations suggest introducing amendments to the Russian laws “On Impeding Access Restriction to the Banned Information”. The amount of penalties for calling for the life-term locking bypass by any means will vary from 10 to 50 thousand rubles for residents, from 50 to 100 thousand rubles for officials, and from 100 to 300 thousand rubles for companies.
The proposed draft law will be submitted soon for approval of the State Duma.